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Opt Ins are Out (of Luck) Appealing Decertification

With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of first…more

Litigation Update: Amgen and Sandoz Stipulate to Dismiss ‘784 Patent

The parties in Amgen v. Sandoz (N.D. Cal.) (filgrastim, pegfilgrastim) have submitted a joint stipulation to dismiss, without prejudice, Amgen’s U.S. Patent No. 5,824,784 patent from the litigation. The ‘784 patent is directed to…more

CAS Legal Mailbag Question of the Week – December, 2016

Dear Legal Mailbag: Last week, I met a lovely couple who stopped by my office to visit. They live just down the street from my school and they are homeschooling their two children who would otherwise be in grades 2 and…more

México: Incremento al salario mínimo por el año 2017

El 1 de diciembre de 2016, la Comisión Nacional de los Salarios Mínimos (CONASAMI) acordó por unanimidad otorgar un aumento constituido por el Monto Independiente de Recuperación (MIR) por la cantidad de $4.00 pesos diarios al salario…more

Update To DMCA’s Safe Harbor Agent Designations

Internet service providers keen on preserving the safe harbor provisions contained in the Digital Millennium Copyright Act (“DMCA”) should take note: the U.S. Copyright Office has developed an online system for designating agents for…more

HHS Issues Warning About Phishing Campaign Disguised As Official Communication

As part of its efforts to assess compliance with the HIPAA Privacy, Security and Breach Notification Rules, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) engages in audits of covered entities and…more

SEC, United Settle Internal Controls Case

When the Foreign Corrupt Practices Act was passed, a key portion of the statute centered on the books and records and internal control provisions written by the Commission. While the bribery provisions only apply to foreign officials…more

Municipalities Must Pay Refunds from Dissolved TIF Districts

The Illinois Appellate Court recently upheld a trial court’s ruling that property tax refunds from a dissolved TIF District must be paid by the municipality, not by the other affected taxing agencies. The case, Village of Arlington…more

In Case You Missed It: Launch Links - November, 2016 #4

Some interesting links we found across the web this week: The Tough Questions You Must Discuss Before You Take the Money - VCs and the founders should get on the same page before signing on the dotted line…more

Clickable Content: Don’t Measure Success Solely By SEO

A myopic focus on SEO might eventually get you ranking well in search, but that's not the same thing as inspiring people to actually click on your content…more

College May Have Averted Flag Debacle If They'd Consulted Stan Rosenberg

The brain trust that runs Hampshire College in Amherst thought it would be a good idea to lower the American flag to half-mast on Wednesday, Nov. 9, the day after Trump’s victory, “as an expression of grief over the violent deaths…more

U.S. DOL Appeals Texas Injunction of FLSA Salary Regs

As we previously reported, a federal judge in Texas recently issued a nationwide injunction putting a halt to regulations issued by the U.S. Department of Labor (DOL), which would have doubled the minimum salary needed to satisfy the…more

Sponsors Shouldn’t Wait to Find Answers To Challenges of Unwinding the ACA

A great deal has already been written about how easy or difficult it would be to eliminate the Affordable Care Act, but what would the elimination of President Barack Obama’s hallmark health legislation mean for employee benefit plan…more

U.S. Citizenship and Immigration Services Issues New Digital Form I-9

U.S. Citizenship and Immigration Services (“USCIS”) has announced a revised Form I-9. The old Form I-9 may only be used until Jan. 21, 2017, but employers are urged to transition to the new digital version of the form as soon as…more

It’s Game Time for Tribe on Martha’s Vineyard

For the Wampanoag Tribe of Gay Head (Aquinnah), time may have finally run out on their continued efforts to operate a gaming facility on Martha’s Vineyard. Tomorrow, the United States Court of Appeals for the First Circuit, will hear…more

[Video]The Bribery Act: To Disclose or Not To Disclose?

In this video interview, Barry Vitou (www.thebriberyact.com), Partner, Pinsent Masons, and head of their Global Corporate Crime Team, addresses: • His initial interest in global anti-corruption issues. • The role and mandate of…more

Eleventh Circuit Confirms Scope of Original Jurisdiction Under Class Action Fairness Act

In Wright Transportation, Inc. v. Pilot Corporation, et al., the U.S. Court of Appeals for the Eleventh Circuit considered whether a district court retains original jurisdiction over state law claims following the dismissal of class…more

Exemption Rules Appeal Won't Be Resolved Before Obama Leaves Office

It looks like the U.S. Department of Labor’s appeal of the order blocking the new overtime exemption rules won’t be decided before President Obama leaves office. Under the Court of Appeals’ regular rules, the DOL’s opening brief would…more

CFPB Issues Rigorous New Guidance to Financial Services Industry Regarding Sales Incentives

The compliance burdens being placed on institutions to monitor all aspects of product sales will require a substantial expansion of the types and scope of reporting that are done for product sales. On November 28, the Consumer…more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Legislature Will Convene Wednesday, December 7, 2016 - The First Regular Session of the 128th Maine…more

Mexico Increases Daily Minimum Wage, Effective January 1, 2017

On December 1, 2016, the National Minimum Wages Commission (CONASAMI) unanimously approved two new increases to the minimum wage. The first increase, consisting of $4.00 Mexican pesos per day, has been designated as an “independent…more

5 Places to Meet a New Client During the Holidays

The holiday season, and its social opportunities, will be over before you know it…more

Comptroller of the Currency Moves Forward to Create a Special Purpose National Bank Charter

On December 02, 2016, Comptroller of the Currency Thomas J. Curry announced that the OCC “will move forward with chartering financial technology companies that offer bank products and services and meet our high standards and chartering…more

Resistance Is Futile: CMS Gets Serious About Antibiotic-Resistant Bacteria

Antibiotics and similar drugs, known more broadly as antimicrobial agents, are an instrumental weapon in the healthcare armory, rendering once-lethal infections treatable, and dramatically reducing instances of sepsis and secondary…more

Scotus Grants Cert To Review Lexmark V. Impression

On December 2, 2016, the United States Supreme Court granted certiorari to review the en banc decision of the Federal Circuit Court of Appeals in Lexmark v. Impression. The Federal Circuit held that, unlike the situation in U.S…more

Update on Electricity Rate Relief Program for Ontario Businesses

The expansion of Ontario’s Industrial Conservation Initiative (ICI) to provide electricity rate relief to more businesses comes into effect on January 1, 2017. Businesses who want to participate in the expanded ICI program must provide…more

Evolution of eDiscovery Automation – Looking Back and Looking Forward: eDiscovery Trends

How has eDiscovery automation technology evolved over the years?  Where is it headed?  What is the current state of acceptance for Technology Assisted Review (TAR) within courts and within the bar?  How do the different TAR approaches…more

Federal Judge Denies Preliminary Injunction on OSHA’s New Anti-Retaliation Regulation

On Nov. 28, 2016 a federal judge in Texas cleared the way for the Occupational Safety and Health Administration’s (OSHA) new anti-retaliation regulation to take effect on Dec. 1, 2016, at least temporarily (Texo ABC/AGC, Inc., et al…more

6 estate planning techniques for blended families

A “blended family” is more than just a staple of TV sitcoms. Today, it’s not unusual for a household to include children and even grandchildren from prior marriages, as well as adopted family members or same-sex couples. These various…more

Abestos Alert: Government Contractor Defense Available to Broker Which Arranged for Asbestos-Containing Insulation to Be Provided to Navy

California Court of Appeal, First Appellate District (November 22, 2016) - The Government Contractor defense is available in asbestos lawsuits brought against manufacturers and suppliers of military hardware and equipment. The…more

Proposed Legislation Could Extend Geoblocking Restrictions to Traders’ Unilateral Conduct

On 28 November, the Council of the EU (‘Council’) reached an agreement (‘Common Position’) on the draft Regulation intended to ban “unjustified” geo-blocking and other discriminatory practices that prevent end user customers from…more

Claim for Failure to Reimburse Reasonable Business Expenses Not Barred by EPL Policy’s Wage and Hour Exclusion

Don’t be too surprised if you see a “wage and hour” exclusion in your employment practices liability insurance policy, especially if you have employees in California. While these exclusions purport to bar coverage for claims brought…more

Department of Homeland Security (DHS) Publishes Final Rule Improving Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

Seyfarth Synopsis: Employers and foreign nationals should take note of critical changes to DHS’ regulations impacting employment-based immigration for highly skilled workers. On January 17, 2017, the Department of Homeland…more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles: November 2016 - Issue 9: European Union Legal Developments

EMIR – European Commission adopts revised rules for reporting to trade repositories under EMIR - The European Commission adopted revised rules for reporting to trade repositories under EMIR on 26 October 2016. The revised rules in…more

Arbitration Clause In Body Of Reinsurance Agreement Governs Over Provision In Endorsement

In a dispute between First Mutual, a ceding company, and its reinsurer, Infrassure, over which of two competing arbitration clauses in a reinsurance contract governed, the Second Circuit affirmed a lower court decision in favor of the…more

Court Decides Take-Home Exposure Duty Claims with 'Wide-Ranging Impact'

Employers and premises owners have a duty to "members of a worker's household" to exercise ordinary care to prevent take-home asbestos exposures, the California Supreme Court held on December 1, 2016. This ruling expands liability for…more

Do As We Say, Not As We Do: Audit Reveals Unencrypted IRS Emails Put Taxpayer Data at Risk

With tax season around the corner, the Internal Revenue Service (IRS) has begun its yearly campaign to educate taxpayers on the importance of protecting their personal information. However, a recent audit of the agency’s email use…more

FHFA Announces Increases in Maximum Conforming Loan Limits for Fannie Mae and Freddie Mac for First Time in 10 Years

The Federal Housing Finance Agency (FHFA) has announced that the maximum conforming loan limits for mortgages acquired by Fannie Mae and Freddie Mac in 2017 will increase to $424,100 from $417,000. While the increase is modest, it is…more

New Delaware Chapter 11 Filing- Limitless Mobile, LLC

Limitless Mobile, LLC, successor to Keystone Wireless, LLC, has filed a petition for relief under chapter 11 in the United States Bankruptcy Court for the District of Delaware (Case No. 16-12685). According to the First Day…more

ICYMI: Energy & Environmental News Roundup

Environmental - Environmental Protection Agency Announces Drinking Water Action Plan - On Wednesday, November 30, the US Environmental Protection Agency announced its Drinking Water Action Plan (Plan), designed to improve…more

Hurricane Sandy, Flood, and Sewer Backup: New Jersey Federal Court Confirms Anti-Concurrent Causation Bars Insured’s Claim

As we have written about before on this blog, the water damage caused by Hurricane Sandy in October 2012 gave rise to important questions concerning the applicability of so-called “anti-concurrent causation” clauses. Such was the case…more

Answers to Ten Key Questions about the New Form I-9

USCIS has released a new version of the Form I-9, which all employers must use beginning no later than 1/22/17. We’ve closely tracked its release. Here are answers to 10 key questions about the new Form I-9…more

Football Association Premier League Limited v Luxton [2016] EWCA Civ 1097

Sports rights holders and sports broadcasters will be reassured as a result of a recent Court of Appeal (“CoA”) decision, which prevented a pub owner in Swansea from using a foreign-purchased domestic decoder card to show live Premier…more

Did You Make the Multistate Tax Compact Apportionment Election in California? Watch Out for Penalties

On December 31, 2015, the California Supreme Court ruled against the taxpayer in The Gillette Company v. Franchise Tax Board. The United States Supreme Court denied review of Gillette on October 11, 2016. Thus, Gillette is final. With…more

Third Circuit Enforces Make-Whole Premium for Notes Accelerated by Bankruptcy Filing

Some term loans allow borrowers to redeem debt. But to protect a lender’s expected yield, such loans often impose a “make-whole premium” on redemption. That is, they require compensation to the lender for the borrower’s premature…more

Top Takeaways: Best Ways to Address Section 101 Patent Eligibility

Kilpatrick Townsend partners Megan Chung and Thomas Franklin recently participated in a panel at the 2016 National Asian Pacific American Bar Association Convention in San Diego. Panelists, which included Jay Choi from Uber and Jason…more

Gender Diversity Progresses as First Female Chief Justice Appointed

This week the Coalition government announced that serving High Court Justice Susan Kiefel will replace retiring High Court Chief Justice Robert French. Justice Kiefel's appointment to the role is significant as she will be the first…more

Fuzzy Math? 6 Differing Arbitration Agreements = 0 Arbitration Agreement

If you ever wanted an “Exhibit A” for how drafting arbitration agreement(s) could go very, very wrong, the Tenth Circuit has just provided it. In Ragab v. Howard, __ F.3d __, 2016 WL 6832870 (10th Nov. 21, 2016), a majority of the…more

Your Daily Dose of Financial News

Federal regulators are on the verge of creating a brand new type of banking license specifically for fintech. Called “special purpose national bank charters,” the licenses are intended to enable fintech companies that accept deposits…more

Ontario Court Decision Highlights Summary Judgment as Potential Tool in Class Proceedings

In a recent class action decision, Wise v. Abbott Laboratories Limited (Wise), Justice Perell of the Ontario Superior Court of Justice (Court) granted the defendant’s motion for summary judgment in advance of certification, concluding…more

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